A ruling rule, adopted last year, eliminates federal authority under the Clean Water Act over development along streams that are normally dry. It also sharply restricted federal control of development along streams that run more often but not year-round.
The U.S. Army Corps of Engineers’ decision to relinquish its authority over the proposed Rosemont Mine has drawn sharp criticism from the Environmental Protection Agency.
A ruling rule, adopted last year, eliminates federal authority under the Clean Water Act over development along streams that are normally dry. It also sharply restricted federal control of development along streams that run more often but not year-round.
On July 31, 2019, just one day before work on the Rosemont Mine was to commence near Tucson, United States District Judge James A. Soto issued his ruling in the Center for Biological Diversity v. United States Fish and Wildlife Service.
EPA says the Corps’ decision — which opens the door for Rosemont to be built without a Clean Water Act permit — inaccurately assessed the nature and ecological value of several washes and a wetland on the mine site.
The EPA’s criticism, in a document recently obtained by the Star, comes as the two federal agencies prepare to revise and most likely toughen the rule that allowed the Corps to make its Rosemont decision.
That rule, adopted last year, eliminates federal authority under the Clean Water Act over development along streams that are normally dry. It also sharply restricted federal control of development along streams that run more often but not year-round.
“This throws an extra level of confusion into many Arizona development projects.”Jordan Rose, Founder, President Rose Law Group”
